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administrative policies

Student Involvement in University Policy
The University’s administration strongly encourages student participation in policy-making decisions that affect students and the University. Student representation exists on the following subcommittees and boards in addition to various committees that are appointed by the Student Senate and/or the Student Government Association president:

Academic Support Services Subcommittee Alcohol/Drug Abuse Prevention Team (ADAPT) Board of Trustees Campus Appeal Board (CAB) Campus Judicial Board (CJB) Curriculum Subcommittee Enrollment Management Subcommittee Facilities Master Plan Committee Faculty Athletic Committee

Faculty Awards Committee Graduate Council Planning and Budget Review Committee Student Affairs and Campus Life Committee Student Publications Board Traffic Appeals Board Traffic Control Board

 

THE UNIVERSITY OF NORTH CAROLINA AT PEMBROKE
ILLEGAL DRUG AND ALCOHOL POLICY

I. Introduction

This policy is adopted by the Board of Trustees of The University of North Carolina at Pembroke in conformity with the direction of the Board of Governors of The University of North Carolina. It is applicable to all students, faculty members, administrators, and other employees. This policy is also intended to comply with the requirements of the Drug-Free Schools and Campuses regulations of the U.S. Department of Education.

The University of North Carolina at Pembroke (the “University” or “UNCP”) is dedicated to providing a work, study, and recreational environment that does not include illegal drugs, abuse of prescription medications, or excessive use of alcohol. All students, staff, faculty, and guests are viewed by the University as individually responsible and legally accountable for their actions. The illegal possession, sale or use of drugs, including alcohol, adversely affects the academic community. Toward that end, the University notifies in writing, the parents of students under the age of 21 of such offenses.

In addition, students should be aware that the UNCP Student Code of Conduct extends to any student whose conduct on or off campus becomes unsatisfactory and is determined to have a detrimental impact on the mission of the University. Students whose behavior off campus requires the involvement of law enforcement or other authorities may be subject to appropriate judicial sanctions from the University. This behavior includes being intoxicated in public, displaying alcohol, driving under the influence, or illegally possessing or using alcohol, or providing alcohol to students under the legal age. Manufacturing, selling, using, or possessing narcotics, barbiturates, amphetamines, marijuana, sedatives, tranquilizers, hallucinogens, and/or other known drugs and/or chemicals is included in this code, as is buying, selling, possessing, or using any kind of drug paraphernalia or counterfeit drugs.

The University has developed drug education, prevention, and intervention programs. Members of the University community are encouraged to become familiar with the programs and are invited to take advantage of the services provided.

The Chancellor has designated the Assistant Director of the Counseling and Testing Center as the coordinator of drug education, who, with that designation, is the person responsible for overseeing all programs and reporting requirements related to this policy.

II. Alcohol/Drug Education Programs

The University has established and maintains a program of education designed to help all members of the University community avoid involvement with illegal drugs.  This educational program emphasizes these subjects:

The incompatibility of the use or sale of illegal drugs with the goals of the University;

The legal consequences of involvement with illegal drugs;

The medical implications of the use of illegal drugs; and

The ways in which illegal drugs jeopardize an individual's present accomplishments and future opportunities.

1. Alcohol Drug Abuse Prevention Team (ADAPT)
   ADAPT was initiated in 1988 to provide all members of the University community with coordinated drug-related education, prevention, and intervention services. The term “drugs” includes both legal drugs ( i.e., alcohol, prescription medications, over-the-counter medications, nicotine, caffeine, etc.) and illegal drugs as covered by the Controlled Substance Act (N.C.G.S. 90-88 et. seq.). ADAPT defines its mission as prevention, intervention, and education concerning the use and/or abuse of alcohol and other drugs.


A staff member of the Counseling and Testing Center serves as chairman of ADAPT. The team represents a cross-section of the University and local community.

ADAPT activities encourage individuals to:

• Value and maintain sound health.
• Respect state/federal laws and University regulations.
• Recognize and resist pressure to use drugs.
• Promote drug-free activities.
• Promote the use of rehabilitation resources.
• Recognize the incompatibility of drug abuse and achievement of personal goals.

2. Educational Activities and Counseling Services
   1. Division of Student Affairs provides the following:
   1. Annual notification to all enrolled students of the consequences of drug use and/or abuse.
   2. Administration of an annual, anonymous, freshman wellness survey.
   3. Educational programs in a variety of formats.
   4. A multimedia library on drug related topics.
   5. Alternative programming promoting drug-free fun.
   6. Living/Learning programs in the residence halls.
   7. Observance of National Collegiate Alcohol Awareness Week.
   8. Peer-educators to encourage informed choices concerning alcohol consumption and to discourage the use of illegal drugs.
   9. Twelve-step meeting schedules, e.g., AA, NA, etc.
   10. Referral information for students and employees.
   11. Drug assessment and/or counseling for students.
   12. Support groups and drug awareness workshops.
   13. Drug education for student violators of this Drug Policy.
   2. Division of Academic Affairs provides the following:
   1. Alcohol/drug modules in all Freshman Seminar classes.
   2. Academic credit courses in drug abuse prevention and chemical dependency.
   3. Academic credit courses in wellness and fitness.
   4. A Wellness Committee to promote healthy choices
   3. Division of Business Affairs provides the following:
   1. An Employee Assistance Program (EAP) which includes consultation, assessment, and referral.
   2. Annual written notification of all employees of this Drug Policy, the consequences of drug use/abuse, and available resources, including EAP, for counseling and rehabilitation.

III. Institutional Policy on Illegal Drugs and Alcohol

Individuals who suspect they may have a drug or alcohol problem are encouraged to seek help through the Counseling and Testing Center or Employee Assistance Program before the problem affects their academic performance, work performance or conduct. Anyone reporting to class/work under the influence of alcohol or illegal drugs or using alcohol or illegal drugs on the job may be suspended or dismissed without warning. In addition to disciplinary action by the University, violation of the University’s drug-free policy may be cause for criminal prosecution by government or law enforcement agencies.

The illegal possession, sale, or use of drugs, including alcohol, will not be tolerated at the University. Violation will result in sanctions which may include dismissal from employment and the termination of student status (suspension or expulsion). The University may impose sanctions if it is proven by a preponderance of evidence that a violation has occurred. Students, faculty and staff are subject to federal, state, and local laws as well as University rules and regulations. Members of the University community are not entitled to greater immunities or privileges before the law than those enjoyed by other citizens generally. Although the University reserves the right to impose more severe sanctions for any violation of its Illegal Drug and Alcohol Policy as circumstances may warrant, the minimum penalties that may be imposed for particular offenses are set out herein below.

A. Alcohol Possession and/or Consumption Regulations by UNCP Students and Employees
1. Programs exist on campus to assist persons of legal age in making informed choices concerning alcohol.
2. Students of legal age are permitted to possess and consume beer, unfortified wine, fortified wine, spirituous liquor, and mixed beverages only within the confines of their residence hall rooms.
3. A student, age 21 or older, is permitted to carry in and consume beer (limit 72 oz.), unfortified wine (limit 30 oz.), or wine coolers (limit 60 oz. with 17% or less alcohol content) at the annual semi-formal Homecoming Dance. The sharing of alcoholic beverages during the dance is prohibited. Violators will be dismissed from the Homecoming Dance and will be subject to disciplinary action. Spirituous liquor and fortified wine (more than 17% alcohol, e.g., sherry or brandy) are prohibited at the Homecoming Dance. Individuals may be prohibited from bringing in alcohol, if it appears that they have consumed alcoholic beverages prior to the dance.
4. Student possession and/or consumption of any alcoholic beverage is prohibited at any location except as indicated in Section III, Subsection A, 2 and 3 of this Drug Policy.
5. Student fees cannot be used to purchase alcohol.
6. Kegs are not permitted on campus. Students are not to possess kegs, or any other common source containers of alcohol such as “party balls”, or use any item such as bathtubs, trash cans, or similar container to hold alcohol. Beer funnels or other alcohol paraphernalia used for rapid consumption is not permitted anywhere on campus. Students are not allowed to construct or own a table used for the purpose of beer pong on campus. Kegs, or any other rapid consumption paraphernalia, brought onto campus will be seized as contraband by the Campus Police and the contents destroyed. Kegs may be retrieved with proof of ownership when the student is prepared to remove them from campus. The Chancellor of The University of North Carolina at Pembroke reserves the right to approve the use of alcoholic beverages (including kegs of beer) at special functions, provided appropriate permits are obtained from the North Carolina Alcoholic Beverage Control Commission.
7. In an effort to create sanctions for the violations to the University alcohol and drug policy that reflect UNCP’s commitment to reduce underage and high-risk drinking and adherence to General Statute 18B-302, the following will be enforced on a case-to-case basis, but not limited to:

Minimum sanctions against students for underage consumption or possession/public display of alcohol:

a. 1st Offense - Offenders will participate in a drug education and/or counseling program at their cost (Currently $100.00), Parental notification of offenses.
b. 2nd Offense - Offenders will participate in additional drug counseling and assessment and follow all counseling recommendations; Offenders will pay the fee for this program (Currently $100.00), Parental notification of offenses, Conduct Probation.
c. 3rd Offense - Suspension from the University for a period of at least one semester.

8. Sanctions for consumption, public display or excessive use of alcohol (See Section C) by students 21 and older that require the involvement of campus police or the student affairs office shall be determined on a case-to-case basis, but may include:

a. 1st Offense - Offenders will participate in a drug education and/or counseling program at their cost (Currently $100.00).
b. 2nd Offense - Offenders will participate in additional drug counseling and assessment and follow all counseling recommendations. Offenders will pay the fee for this program (Currently $100.00) and be placed on conduct probation.
c. 3rd Offense - Suspension from the University for a period of at least one semester.

9. It is against the law for anyone to sell or give any alcoholic beverage to a person under twenty-one (21) or to aid or abet such a person in selling, purchasing or possessing any alcoholic beverage. Any person under twenty-one who aids or abets an underage person in violating this law may be fined $500, imprisoned for 6 months, or both. Any person twenty-one or older who aids or abets an underage person to violate this law may be fined $2000, imprisoned for 2 years, or both. (General Statute 18B-302) It is the policy of the University to cooperate with local law enforcement who may be investigating incidents where violations of this law have been committed on and off campus.

Minimum sanctions for students over 21 who provide alcohol to minors:

a. Offenders will participate in a drug education and/or counseling program at their cost (Currently $100.00). This program will focus on alcohol laws, responsible service practices, and social host liability laws.
b. Conduct Probation for a term to be determined by the judicial process.
c. A second offense of this violation will mean suspension from the University for a period of at least one semester.

10. Campus mandatory drug education/counseling must be completed within 40 school days of the initial referral; if not, the student must complete an approved off-campus drug educaton/counseling program at his/her expense BEFORE being permitted to register for future classes or graduate. Failure to keep campus drug education/counseling appointments will result in a $25.00 fee for each missed appointment.
11. Guests in violation of this Illegal Drug and Alcohol Policy shall be required to leave campus and could face additional sanctions, including arrest and criminal charges. Students who have guests on campus are responsible for their guests at all times and will be held accountable for their guest’s actions.
12. Penalties for employees who violate any applicable laws or University policies regarding illegal possession or use of alcohol or provision of alcohol to persons under 21 years of age will be determined on a case-by-case basis and will cover the entire range of penalties available to the University as an employer, including but not limited to suspension and discharge from employment.

B. Social Host Liability Law
In addition to the substantial criminal penalties for furnishing alcohol to an underage person and/or helping an underage person obtain alcohol, individuals and student groups serving alcohol to friends or guests should be aware that if:
1. A person serves an alcoholic beverage to someone whom the server knew, or should have known was under the influence of alcohol, and
2. The server knew that person would shortly thereafter drive an automobile; a jury could conclude, some injury could result from the negligent conduct. This means that, if someone is injured by a drunk driver and sues the person(s) who served the driver alcohol, a jury might find that the server(s) were partly responsible for the injuries and order the server(s) to pay substantial damages to the injured person or his/her estate. Significant personal consequences could result to the host or provider of the alcohol. The above information is not intended as legal advice. If uncertain about this issue, contact a private attorney.

C. Excessive and/or Harmful Use of Alcohol
Substance abuse, especially alcohol abuse, is a significant problem on university campuses. The University strives to create a healthy academic and social environment that states high-risk or underage drinking will not be tolerated. Excessive and/or harmful use of alcohol is any abuse of alcoholic beverages, as determined on a case-by-case basis by the Associate Vice Chancellor of Student Affairs. Examples of excessive and/or harmful use of alcohol include, but are not limited to:
1. Use of alcohol which leads to medical consequences such as passing out, blackouts (loss of memory), gastritis (vomiting, retching), physical injuries, or other medical problems.
2. Use of alcohol in association with inappropriate behavior.
3. A pattern of episodes of alcohol related violations of the Student Code of Conduct.
4. A single episode of intoxication in which the Associate Vice Chancellor of Student Affairs or his/her designee believes that the level of alcohol consumption posed a risk to the student’s health or well-being. Students who fall under this category of policy violation may be referred to the Emergency Health and Safety Committee if their behavior is deemed a safety risk. (Section V, Administrative Policies of the Student Handbook)

D. Illegal Possession of Drugs and/or Paraphernalia for UNCP Students, Staff and Faculty
1. For a first offense involving the illegal possession or use of any controlled substance identified in Schedule I, N.C. General Statutes 90-89, or Schedule II, N.C. General Statutes 90-90, the minimum penalty shall be suspension from enrollment and from employment for a period of at least one semester or its equivalent.
2. For a first offense involving the illegal possession or use of any controlled substance identified in Schedules III through IV, N.C. General Statutes 90-91 through 90-94, (including, but not limited to, marijuana, rohypnol, phenobarbital, codeine) and/or the possession of drug paraphernalia, the minimum penalty shall be probation, for a period to be determined on a case-by-case basis and mandatory participation in a drug education/counseling program. Refusal or failure to abide by the terms of probation shall result in suspension from enrollment or from employment for any unexpired balance of the prescribed period of probation. In addition, a person on probation must agree to participation in a drug education and counseling program at the cost of the offender (currently $100 for students), consent to regular drug testing at his or her cost, and accept such other conditions and restrictions, including a program of community service, as the Chancellor or the Chancellor’s designee deems appropriate. This does not preclude criminal action from being initiated.
3. Students’ participation in illegal drug activity off campus may be grounds for imposition of sanctions by the University when a nexus to that activity exists on campus. Such activities may include but are not limited to drug testing results for internship participation or athletic requirements. Athletes referred directly by the athletic director for NCAA regulation violations do not incur the above fees, but are subject to the missed appointment fee.
4. Campus mandatory drug education/counseling for students must be completed within 40 days of the initial referral; if not, the student must complete an approved off-campus drug education/counseling program at his/her expense BEFORE being permitted to register for future classes, transfer, or graduate. Failure to keep campus drug education/counseling appointments will result in a $25.00 fee for each missed appointment. This fee applies to all referred offenders from campus police, student affairs, and athletics.
5. For second or other subsequent offenses involving illegal possession of controlled substances, progressively more severe penalties shall be imposed; for students, the minimum penalty cannot be less than suspension for a progressively longer term; more severe penalties may be imposed, including expulsion of students and discharge of employees. To be readmitted after a suspension, the student (at his/her own expense) must submit documentation of multiple negative drug tests over a period of time and meet such other conditions as the University may require.
6. Section 483 of the Federal Higher Education Amendments of 1998 states: “A student who has been convicted of any offense under Federal or State law involving the possession or sale of a controlled substance SHALL NOT BE ELIGIBLE TO RECEIVE ANY GRANT, LOAN, OR WORK ASSISTANCE under this title during the period beginning on the date of such conviction” and lasting for one year, two years, or indefinitely, depending on the offense.

E. Trafficking in Illegal Drugs for UNCP Students, Staff and Faculty
1. For the illegal manufacture, sale or delivery, or possession with intent to manufacture, sale or deliver, any controlled substance identified in Schedule I, N.C. General Statutes 90-89 or Schedule II, N.C. General Statutes 90-90 (including, but not limited to, heroin, mescaline, lysergic acid diethylamide, opium, cocaine, amphetamine, methaqualone) any student shall be expelled and any employee shall be terminated.
2. For a first offense involving the illegal manufacture, sale or delivery, or possession with intent to manufacture, sale or deliver, any controlled substance identified in Schedules III through IV, N.C. General Statutes 90-91 through 90-94, (including, but not limited to, marijuana, rohypnol, phenobarbital, codeine) the minimum penalty shall be suspension from enrollment or employment for a period of at least one semester or its equivalent. For a second offense, any student shall be expelled and any employee shall be terminated.

F. Abuse of Prescription and/or Over-the-counter Medications
The abuse of legal medications can lead to serious health complications for the user. Abuse of some medications can also lead the individual to exhibit behavior which is dangerous to self and others. The University strongly supports efforts of individuals to change maladaptive behavior and offers services through both the Counseling & Testing Center, Student Health Services and EAP. Continued abuse and disruptive behavior may result in disciplinary action.

G. Hazing for UNCP Students and Student Groups
1. The North Carolina General Statute (14-35) defines hazing as follows: “to subject another student to physical injury as part of an initiation, or as a prerequisite to membership, into any organized school group.”
2. Hazing violations involving drugs and/or alcohol will be required to participate in the campus mandatory drug education/counseling program as well as incur all costs associated with the program.

H. Suspension Pending Final Disposition
A student, faculty member, administrator, or other employee charged with a violation of this policy may be suspended from enrollment and employment before initiation or completion of regular disciplinary proceedings if, assuming the truth of the charges, the Chancellor or his designee concludes that the person’s continued presence would constitute a clear and immediate danger to the health or welfare of any member of the University community. When a suspension is imposed, an appropriate hearing of the charges against the person suspended shall be held as promptly as possible.

I. Process for Imposition of Penalties
Penalties will be imposed by the University in accordance with procedural safeguards applicable to disciplinary actions against students, faculty members, administrators, and other employees, as required by Section 502 D(3) and Section 603 of the University Code; by the Board of Governors policies applicable to other employees exempt from the State Personnel Act; and by regulations of the State Personnel Commission. Faculty should refer to section 5-5, “Due Process Before Discharge or the Imposition of Serious Sanctions” and Appendix H in the Faculty Handbook. Students should refer to the “Student Government Association Constitution” in the Student Handbook, Article IV, “The University Hearing and Appeal System.”. SPA employees should refer to the State Personnel Manual (available through the Human Resources Office or on the OSP Website at http://www.osp.state.nc.us/manuals/dropmenu.html ), Section 7 , “Disciplinary/Appeals/Grievances” and UNCP’s “SPA Employee Grievance and Appeal Policy.” EPA employees should refer to the UNCP’s handbook for EPA employees, “Personnel Police for Employees Exempt from the State Personnel Act , UNCP”, Section IV.

J. Policy Implementation and Reporting

1. If and in the manner required by the UNC Board of Governors or UNC General Administration, the Chancellor shall submit annually to the Board of Trustees a report on campus activities related to illegal drugs for the preceding year. A copy of that report shall be provided to the President, who shall confer with the Chancellor about the effectiveness of the campus program. The report shall include the information required by the Board of Governors, such as the following:

(a) a listing of the major educational activities conducted during the year;

(b) a report on any illegal drug-related incidents, including any sanctions

imposed;

(c) an assessment by the Chancellor of the effectiveness of the campus

program; and

(d) any proposed changes in this policy.

2. If and in the manner required by the U.S. Department of Education, on a biennial basis (in even-numbered years), the Chancellor’s designated coordinator of drug education shall conduct a review of UNCP’s program to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees to determine its effectiveness and recommend any changes that need to be implemented and to ensure that the sanctions required herein are enforced consistently. This report shall be prepared in the format prescribed, if any, by the U.S. Department of Education. A copy shall be provided to the Chancellor and a copy maintained on file by the Office of the Vice Chancellor for Student Affairs.

 

IV. Health Risks of Psychoactive Drugs
All psychoactive drugs (including alcohol) can produce negative health risks associated with long-term chronic use. Some, but not all, related health risks are listed below.

Alcohol: (medically classified as a depressant) Central nervous system depression, impaired judgment, liver damage, malnutrition, pancreatitis, lowered immunities, and severe birth defects in babies whose mothers used alcohol during pregnancy. An overdose may result in a coma and death.

Cocaine: Anxiety, insomnia, paranoia, perforation of the nasal septum, seizures, and cardiac arrest.

Depressants: (e.g., Librium, Xanax, Valium) Central nervous system depression, staggering gait, visual disturbances, lethargy, dizziness, and nausea.

Hallucinogens: (e.g., LSD, PCP, and hallucinogenic mushrooms) Visual distortions, increased heart rate and blood pressure, psychotic episodes, panic disorders, and flashbacks.

Inhalants: Nausea, headaches and perceptual distortions. Permanent damage to bone marrow, lungs, liver and kidneys and a risk of lung or cardiac arrest with initial or repeated use.

Marijuana: Increased heart rate, lowered body temperature, impaired coordination, appetite stimulation, weakened immune system, increased risk of throat/lung cancer, and speech/memory/learning distortions. Long term use may result in short term memory loss, amotivational syndrome, and reproductive system abnormalities.

Narcotics: (e.g., codeine, heroin, morphine) Shallow breathing, reduced sex drive, apathy, anxiety, mood swings, nausea, and respiratory depression. An overdose may induce a coma, convulsions, respiratory arrest or death.

Rohypnol: (flunitrazepam, commonly called the date rape drug) Drowsiness, impaired motor skills, and inability to recall events. Combined with alcohol or other drugs may lead to respiratory depression, aspiration, and death.

Stimulants: (amphetamines) Anxiety, agitation, malnutrition, irregular heartbeat, chronic sleeplessness, and amphetamine psychosis.

Emergency Health and Safety Policy
The growth and development of students at The University of North Carolina at Pembroke is central to our goal of maintaining an environment conducive to student learning, academic achievement, individual responsibility, and respect for the rights and privileges of others. One aspect of this mission includes the availability of counseling, health services, academic support programs, and policies to foster good mental and physical health.

Purpose
The objective of this Emergency Health and Safety Policy was developed in an attempt to safeguard the welfare of the individual and the community.

Addressing Behavior and Emergencies
Occasionally, a student’s health condition manifests itself in such a way that it must be addressed by the University. At times, emergency situations occur which require immediate response and important aftercare. UNCP student support services may not be equipped to work with students in ongoing crises or who are in need of intensive monitoring for health or psychological reasons. The Emergency Health and Safety (EHS) Committee may meet to determine what role, if any, student support services may need to take to assure the health and safety of a student or the University community. In an appropriate procedural system there may sometimes be a necessity to make an initial determination without a committee hearing; as the risk of harm increases, so does the need for immediate action. Emergency situations may include:

• Acute change in physical health;
• Destructive, threatening, or other disruptive behavior;
• Drug and alcohol abuse;
• Eating disorders;
• Any health problem that points to possible imminent danger, foreseeable danger to oneself, or another member of the University community.

In some cases, this will result in a hospitalization, or the student leaving campus for a period of time. To the extent allowed by law, any UNCP employee assisting the student with his/her medical emergency that falls within this policy shall contact the Vice Chancellor for Student Affairs or his/ her designee. The Vice Chancellor for Student Affairs will convene the EHS Committee to determine the student’s transition back into the University community. The EHS Committee is composed of the following members: Vice Chancellor for Student Affairs; Associate Vice Chancellor for Academic Affairs; Director of Counseling and Testing, Director of Student Health Services; Director of Disability Support Services; and the Chief Housing Officer, if the student resides on campus. Depending on the emergency, the Vice Chancellor for Student Affairs may appoint other advisors to the committee. In these emergency situations, the University reserves the right to do any or all of the following:

• Consult with and refer the student to a healthcare facility or provider (University’s Counseling and Testing Center, Student Health Services, an area hospital, or a licensed mental health or healthcare professional) for a mental health or other medical evaluation. The cost for any off-campus referral will be at the expense of the student.

• Medically suspend the student from campus, including on-campus housing, until a full medical evaluation is completed and the documentation of the evaluation is forwarded to the designee assigned by the EHS Committee. The designee will then provide the recommendations from the treating professional to the EHS Committee for approval of the student’s return to campus. Note: Absences for medical reasons are not excused automatically. Students are urged to submit documentation immediately.

• Require the student to sign appropriate release forms allowing designated staff at UNCP to consult clinician(s) serving the student for the purpose of evaluating the student’s ability to function in the University community.

• Refer the student to the University judicial process if the student’s behavior has violated any rules, policies or procedures.

All requirements outlined, in writing, by the EHS Committee will be sent certified mail to the student’s home address.

Involving Essential Parties
In some circumstances, UNCP may notify the parents of the student and appropriate University officials, including academic deans and faculty, due to the potentially serious nature of the situation.

Returning to Campus After Treatment
A student who has been hospitalized or has left the campus due to a health emergency, which falls with in this policy, may be allowed to return to the University (and/or campus housing) if s/he agrees to take steps that will satisfy the EHS committee’s concern that a health emergency no longer exists and a treatment plan for continuing good health is in place.

• Prior to returning to campus, the student may be required to meet with the EHS committee’s designated healthcare professional following release from a healthcare facility for a medical emergency. The student may be required to provide the designated healthcare professional any results of medical assessments that were made or requested by the EHS committee, and any other supporting documentation, which provides the current clinician’s assessment of the student’s ability to return to the University as a fully functional citizen.

• The healthcare professional will assess information provided and make a recommendation to the EHS Committee. The EHS Committee reserves the right to make a determination as to whether or not the student will be permitted to return to campus. The EHS Committee will assess whether the student can be provided UNCP services as a means of support to permit his/her participation in classes, educational programs and activities, without causing an undue hardship or presenting a direct threat to the health or safety of other members of the University community.

• Where applicable, approval of the student’s return to campus includes on campus housing. The student’s on-campus housing status may be revoked if the student’s behavior is found to be a severe disruption to the community, in violation of Housing regulations, or the University’s Code of Conduct.

• The University reserves the right to require the student to comply with a University-monitored treatment plan recommended by a licensed health care professional as a condition of returning to the campus community. Review and/or follow up on the student’s required treatment plan may be assigned to a University designee assigned by the EHS Committee.

• Upon submission to and evaluation of requested documents by the EHS Committee, the student has the right to appear before and be heard by the EHS Committee in person. This is subject to any limitations that may be needed as reflected in the treatment documents. If the student wishes to appear for a hearing before the EHS Committee, s/he would have forty-eight (48) hours from the date of written notification of EHS Committee involvement.

The EHS Committee can decide to medically withdraw a student. Any student who does not follow through with the assessment process, from the initial meeting through the recommendations given, may be administratively withdrawn from classes and required to leave the campus immediately.

Medical Suspension
A medical suspension is a temporary time period that a student is suspended from attending all classes. A suspension may occur upon hospitalization or during a medical evaluation period. Students who are medically suspended for any health reasons may not participate in any University activities, attend classes, reside or visit on-campus student housing, and may not come on campus except to attend a meeting or hearing related to his/her case. The student must leave campus immediately at the end of the meeting or hearing. Persons who schedule a meeting with such a student shall notify the campus police, in advance, of the time and place of the meeting. If a student is in need of personal items from his/her residential room and can not personally return to campus, the student’s designated person may assist in obtaining the items. Once medically suspended, a student must be reviewed by the EHS Committee to lift the suspension or proceed with a medical withdrawal.

Medical Withdrawals
Medical withdrawals may be given for students who are judged to be incapable of functioning adequately as a student, i.e., experiencing health problems of such severity that there is need for immediate treatment or care that is beyond the scope of what may be provided at the University. The student is subject to the Refund Policy as stated in the Student Handbook. If a residential student is unable to officially check out of student housing, the student’s designee must assist with the checkout procedure.

Voluntary Medical Withdrawal
Any student considering a medical withdrawal should be given a copy of the written criteria. If the student accepts, s/he signs a statement acknowledging that h/she is required to:

1. Remain out of school for a suggested period of time;
2. Agree to receive treatment from a licensed professional who is a specialist (not related to the student) in the area of impairment and who is willing to address the concerns which necessitated the withdrawal;
3. Provide written documentation on letterhead from the licensed professional of having undergone professional treatment along with prognosis and recommended treatment plan when requesting to return to UNCP;
4. Meet with the EHS Committee designee prior to being allowed to return,
5. Sign the agreement, which will also be signed by the EHS designee and the Vice Chancellor for Student Affairs or his/her designee.

The student receives “W”s on his/her transcript without any record of having left for medical reasons. Once the statement is signed, the person is no longer considered a student and must immediately leave campus and/or officially checkout of on-campus student housing. The withdrawal form, indicating that the student has been approved for a medical withdrawal, is sent to the UNCP Registrar.

Involuntary Medical Withdrawal
An involuntary medical withdrawal can be invoked when a student, is a danger to self or others, or exhibits behavior that is severe and disruptive to the community, and refuses treatment. The student will be reported to the Vice Chancellor for Student Affairs, who will convene the EHS Committee. The Committee will recommend assessment and/or treatment conditions needed to establish protocol for the student’s clearance to reapply to UNCP.

Appeal Process
If the EHS Committee mandates the student’s medical withdrawal or imposes conditions on his/her remaining enrolled at the University, and the student believes that the outcome was unreasonable or that the procedures used were unfair, the student may appeal, in writing, to the Chancellor. Once notified of a change in status, the student has one business day to submit his/her appeal. The Chancellor (or his/her designee) will respond, in writing, to the student’s written appeal within one business day.

Reapplication Process
A former student who has been medically withdrawn under this policy and wishes to return must follow the University procedures for readmission. The student must adhere to all recommendations established by the Emergency Health and Safety Committee.

EHS Committee Procedure for Returning to UNCP

1. Meet with the designated EHS committee member to assist with transition and treatment plan.
2. Provide requested information established by the EHS Committee.
3. Comply with university monitored treatment plan.
4. Failure to comply may result in administrative withdrawal from the university.
5. Provide proof of on-going treatment, if required by the committee.
6. The EHS designee will recommend when termination of close follow-up is appropriate and seek approval from the committee.

Free Speech Event Policy
Purpose
In order to carry out the University’s responsibility to promote free expression and the exchange of ideas in an atmosphere of mutual respect for the rights of those who wish to speak, those who wish to hear, and those who wish to protest against the ideas expressed, the University of North Carolina at Pembroke has developed the standards for conduct at events and guidelines for facility use and reservations.

1. Principle of Neutrality
The standards set forth in this policy are intended to be content neutral and shall be applied without regard to the content of the speech.

2. Sponsor(s)
The sponsor(s) of the event is the individual or group with primary responsibility for planning and executing the event. The sponsor may be the University itself, and individual or group within the University community, or an off-campus group.

3. Free Speech Assembly Reservation Procedures

Outdoor Facilities: The following areas may be used for outside speech events at UNCP by University affiliated or unaffiliated groups or individuals.

• Water Feature Site*
• University Center Lawn (Side Facing GPAC)*

* Locations may not be available during exam periods if expected noise level is determined to be objectively disruptive to the educational environment.

If an identified speech event area is closed by the University for an extended period, the Vice Chancellor for Student Affairs will identify an alternative site. Reservations to use outdoor facilities should be made twenty-four (24) hours in advance; provided that individuals and groups affiliated with the University will be allowed to use the designated facilities with less notice if the Vice Chancellor for Student Affairs determines that the proposed use with notice of less than twenty-four hours would not be, to a reasonable person, objectively disruptive to the educational environment or the University’s operations. Equipment (i.e. tables, chairs, etc.) and technical requests (i.e. microphone, sound system, etc.) will require a forty-eight (48) hour notice to allow Physical Plant and/or the Media Center time to set up. Amplification of outdoor events will only be allowed during the Wednesday activity period.

Indoor: UNCP meeting rooms may be reserved for speech events. Sponsors must follow facility use policy and guidelines. An advance notice of four (4) work days for University affiliated groups or individuals and seven (7) work days for groups of individuals unaffiliated with the University is required.

The sponsor(s) must choose a location, complete a facility use form, and abide by all rules and regulations outlined in this policy. Facility use forms are available online at www.uncp.edu/sa/forms. Contact the Office of Student Affairs at 910-521-6175 for more information.

4. Dissent or Protest in Connection with Speech Events

1. Rights: The right to dissent is the complement of the right to speak, but these rights need not occupy the same forum at the same time. The speaker is entitled to communicate his/her message to the audience during her/his allotted time, and the audience is entitled to hear the message and see the speaker during that time. The dissenter must not substantially interfere with the speaker’s ability to communicate or the audience’s ability to hear and see the speaker. It is also unacceptable for such dissent to interfere with the free flow of traffic into or out of the event or to interfere substantially with the speaker’s communication.

2. Some Examples of Dissent: The following guidelines, which are neither comprehensive nor absolute, suggest the limits of acceptable dissent:

1. Picketing; literature. Picketing in an orderly way or distributing literature outside the speech event is acceptable unless it interferes with the free flow of traffic into or out of the meeting. Distributing literature is acceptable inside an event before the event is called to order or after the meeting has adjourned. The sponsor(s) and dissenters are required to clean up debris immediately after the event (e.g. brochures, signs, flyers, chalk, etc.)

2. Silent or symbolic protest. Displaying a sign, wearing clothing symbolic of particular ideas, gesturing, standing or otherwise protesting noiselessly is acceptable unless such action substantially interferes with the audience’s view or hearing of the speaker. The first effort in dealing with interference should be to ask the protestors to move to the side or back of the room.

3. Noise. Responding vocally to the speaker, chanting, or making other sustained or repeated noise, spontaneously and temporarily, is acceptable, especially if reaction against the speaker is similar in kind and degree to reaction in his or her favor. If noise, whether in support of or in opposition to the speaker, substantially interferes with the speaker’s ability to speak or with the audience’s ability to hear the speaker, a first warning should be expressed to those responsible explaining that continued disruptive interference could lead to expulsion from the meeting.

At no time should the speech event interfere with the educational services provided at UNC Pembroke. Outdoor amplified events will not be allowed except during the Wednesday Activity Period. Free speech events scheduled during exam weeks must be located at the Givens Performing Arts Center’s outdoor stage. Speech event participants must not block entrances into facilities. A distance of at least 10 feet must be maintained between speech event participants and building entrances. All participants are required to adhere to the law: G.S. 14-132 Disorderly conduct in/near public buildings and facilities.

4. Force or violence. Physical force or violence against another person, threatening to use physical force or violence against another person, or intentionally restraining another’s freedom of movement, are never permitted and are serious violations of personal rights. A personal space clearance of a least five-feet is required between the speaker and the dissenting members of the audience during any event. Law enforcement authorities may use force consistent with the rules of law and to restore order.

3. The Speaker’s Responsibility: the speaker must respect the right of dissent. The speaker may continue with the speech even through picketing, silent or symbolic protest, or noise as discussed in Section 4.b.(1-3) occurs.

4. The Audience’s Responsibility: the audience must respect the right to dissent. A member of the audience or the sponsoring organization who substantially interferes with acceptable dissent is violating these guidelines to the same extent as the dissenter who violates the rights of the speaker or audience may be asked to leave by Campus Police.

5. Security at Speech Events

1. When space is reserved for a speech event, the Vice Chancellor for Student Affairs regardless of sponsorship, shall determine whether the protection of free speech at an open event requires measures to provide beyond normal security.

2. Upon making a determination that security measures are required, the Chancellor or his designee, acting through the UNCP Office of Police and Public Safety, will have and will exercise the responsibility to determine the nature and extent of security measures required.

3. When the speech is closed the sponsoring organization will ordinarily be responsible for funding extraordinary security measures required by the University.

6. Sanctions for Violators
Violation of the free speech rights of any person, as described in this Policy, will be treated as a serious violation of University Policy. Violators may be subject to one or more of the following University sanctions:

1. Expulsion from the meeting or event.

2. Disciplinary proceedings under the UNC Pembroke Code of Conduct such as disruptive, endangering or threatening behavior, etc.; described in the STUDENT HANDBOOK or at www.uncp.edu/sa.

3. Disciplinary procedures for faculty and staff as described by Human Resources guidelines at www.uncp.edu/hr.

4. In addition, behavior that constitutes a violation of law may result in arrest and criminal prosecution.

North Carolina General Statute 18B-302: Alcohol
Any person who is under the lawful age to purchase and who aids or abets another in violation of this law shall be guilty of a misdemeanor punishable by a fine up to $500 or imprisonment for not more than six months, or both, in the discretion of the court. Any person who is over the lawful age to purchase and who aids or abets a person under the lawful age to purchase shall be guilty of a misdemeanor punishable by a fine of up to $2,000 or imprisonment for not more than two years, or both, in the discretion of the court. It shall be unlawful for any person to obtain or attempt to obtain alcoholic beverages by using or attempting to use: (1) a fraudulent or altered driver’s license; or (2) fraudulent documents other than a driver’s license; or (3) a driver’s license issued to another person; or (4) an identification document other than a driver’s license issued to another person. Upon receipt of a conviction report, the Division of Motor Vehicles shall revoke the person’s driver’s license as required by G.S. 20-17.3.

North Carolina General Statute 14-35: Hazing
The North Carolina General Statute (14-35) defines hazing as follows: “to subject another student to physical injury as part of an initiation, or as a prerequisite to membership, into any organized school group, including any society, athletic team, fraternity or sorority, or other similar group.” A student convicted of engaging or abetting in the commission of such an offense may be subject to punishment by a fine of $1,000, imprisonment for a maximum period of between 30 and 60 days, or both such a fine and imprisonment. The institution may expel a student convicted under this statute regardless of and in addition to any criminal penalty imposed by the court. Organizations whose members are convicted of hazing should be mindful of possible administrative action against the organization by the University; the appropriate question in such situations would be whether the organization can and should be held responsible for the conduct of its members, with the possible consequence that sanctions would be taken against the organization, e.g., withdrawal of University recognition, banning from campus, etc.

Policy of the Board of Governors of The University of North Carolina Concerning Improper Relationships Between Students and Employees
The University of North Carolina does not condone amorous relationships between students and employees. Members of the University community should avoid such liaisons, which can harm affected students and damage the integrity of the academic enterprise. Further, sexual relationships between unmarried persons can result in criminal liability. In two types of situations, University prohibition and punishment of amorous relationships is deemed necessary: (1) when the employee is responsible for evaluating or supervising the affected student; and (2) when the student is a minor, as defined by North Carolina law. The following policies shall apply to all employees and students of the sixteen constituent institutions.

1. Prohibited Conduct
   1. It is misconduct, subject to disciplinary action, for a University employee, incident to any instructional, research, administrative, or other University employment responsibility or authority, to evaluate or supervise any enrolled student of the institution with whom he or she has an amorous relationship or to whom he or she is related by blood, law, or marriage.
   2. It is misconduct, subject to disciplinary action, for a University employee to engage in sexual activity with any enrolled student of the institution, other than his or her spouse, who is a minor below the age of 18 years.

2. Definition of Terms
   1. “Amorous relationship.” An amorous relationship exists when, without the benefit of marriage, two persons as consenting partners (a) have a sexual union or (b) engage in a romantic partnering or courtship that may or may not have been consummated sexually.
   2. “Related by blood, law or marriage” means:
      1. Parent and child
      2. Brother and sister
      3. Grandparent and grandchild
      4. Aunt and/or uncle and niece and/or nephew
      5. First cousins
      6. Stepparent and stepchild
      7. Husband and wife
      8. Parents-in-law and children-in-law
      9. Brothers-in-law and sisters-in-law
      10. Guardian and ward
   3. “Evaluate or supervise” means:
      1. To assess, determine or influence (1) one’s academic performance, progress or potential or (2) one’s entitlement to or eligibility for any institutionally conferred right, benefit, or opportunity, or
      2. To oversee, manage or direct one’s academic or other institutionally prescribed activities.
3. Corrective Action
   Violations of the provisions of Section A shall be addressed in accordance with remedial measures prescribed by each constituent institution; if disciplinary action is brought against an affected employee, it shall be conducted in accordance with existing institutional policies and procedures prescribed for prosecuting misconduct charges against members of the class of employment of which the affected employee is a member.

Policy Prohibiting Illegal Harassment and Discrimination
UNCP affirms its desire to maintain a work environment for all employees and an academic environment for all faculty and students that is free from all forms of harassment and discrimination. UNCP wishes to maintain an environment which supports and rewards individuals on the basis of such relevant factors as academic ability and work performance. Conduct or action that is based on a person’s race, color, creed, national origin, religion, sex, age, disability, or verteran status creating a hostile environment that prevents effective learning or work performance is in opposition to a campus environment free of harassment.

No student or student group shall engage in conduct, or assist another in the following conduct:

a. Discrimination on the basis of race, color, ethnicity, national origin, religion, creed, age, disability, or honorable service in the armed services of the United States or sex, except as allowed under Title IX, that impairs or may impair an individual’s University working conditions, privileges or opportunities for University employment, educational opportunities, participation in University-sponsored extracurricular activities, or opportunities to benefit from other aspects of University life. Religious student groups with bona fide religious beliefs that will be contradicted by the group’s compliance with this provision should contact the Vice Chancellor for Student Affairs to obtain the University’s policy regarding requests for exceptions under this provision.

b. Harassment or intimidation directed toward a particular person or persons that is severe or pervasive and abuses or otherwise unreasonably interferes with another so as to adversely affect their academic pursuits, opportunities for University employment, participation in University-sponsored extracurricular activities, or opportunities to benefit from other aspects of University life.

c. Threats that involve violation of restraining orders or no-contact orders imposed by government or campus authorities, stalking, or other activities that create a reasonable apprehension of physical or emotional harm to an individual following a request or order to desist.

d. The face-to-face use of “fighting words” to harass any person or persons on the University campus or other property under University control. “Fighting words” are those personally abusive epithets which, when directly addressed to any ordinary person are, in the context used and as a matter of common knowledge, inherently likely to provoke an immediate and violent reaction, whether or not they actually do so.

Students violating this policy may be subject to disciplinary action up to and including dismissal.

Students experiencing harassment as described herein should contact Campus Police or provide a written statement to the Vice Chancellor for Student Affairs. Complaints against UNCP students will be governed by the procedures stated in the Student Judicial Process, STUDENT HANDBOOK, Article IV, Section C. Student complaints against UNCP faculty or staff will be governed by the procedures stated in the Student Grievance Policy.

Members of the University community are prohibited from acts of retaliation against individuals who bring complaints or are involved as witnesses in any action connected with this policy.

Specific Prohibitions Against Discrimination at UNCP
Sex: As required by Title IX of the Education Amendments of 1972, UNCP does not discriminate on the basis of sex in the educational programs and activities it operates except in the manner and to the degree allowed by Title IX. This protection against discrimination extends but is not limited to employment with and admission as a student to UNCP. Inquiries about and complaints of any violation of Title IX may be directed to the Director of Human Resources for UNCP, who is designated by UNCP to coordinate and carry out its responsibilities under Title IX and related regulations, either directly or through a designee. Inquiries and complaints regarding violation of Title IX with regard to athletics at UNCP may also be directed to the Department of Athletics Senior Woman’s Administrator.

Disability: As and to the extent required by Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990, UNCP does not discriminate on the basis of disability in the educational programs an other activities it operates. Inquiries about and complaints of any violation of Section 504 or Title II by students may be directed to the Director of Disability Support Services for UNCP, who is designated by UNCP to coordinate and carry out its responsibilities under Section 504, Title II, and related regulations, either directly or through a designee.

Complaints and Grievance Processes: Complaints by students alleging violations of Title IX of the Education Amendments of 1972 will be handled through the Student Grievance Policy (Student Handbook) if no other grievance process (e.g., the Sexual Assault Policy, Student Handbook) is more directly applicable as determined by the Director of Human Resources.

The Director of Human Resources, Pamela L.A. Barkett, can be contacted at Human Resources Department, Room 347, Lumbee Hall, UNC Pembroke, One University Drive, Pembroke, NC 28372, telephone 910-521-6279. The Department of Athletics Senior Woman’s Administrator, Ms. Robin Langley, can be contacted at Room 1182, Jones Health and Physical Education Center, One University Drive, Pembroke, NC 28372, telephone 910-521-6809.

Complaints by students alleging violations of Section 504 and or Title II will be handled through the Disabled Student Grievance Policy, which is available from the Director of Disability Support Services, if no other grievance process more directly applicable as determined by the Director of Disability Support Services. The Director of Disability Support Services, Mary Helen Walker, can be contacted at Disability Support Services, Room 111, D.F. Lowry Building, UNC Pembroke, One University Drive, Pembroke, NC 28372, telephone 910-521-6890.

Sexual Assault Policy
The University of North Carolina at Pembroke has zero-tolerance for sexual assault and sex offenses committed against students, employees, visitors to the campus, and other persons who use University facilities. The University of North Carolina at Pembroke is committed to the prevention of sexual assault.

Sexual Assault
Sexual assault is an extreme form of sexual harassment. Sexual harassment is prohibited by University policy and is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964 and by Title IX of the Education Amendments of 1972. Sexual assault is a crime, defined by the North Carolina criminal code.

The University of North Carolina at Pembroke publishes an annual report of campus crimes, including sexual assault, as is required by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. This landmark federal law, originally known as the Campus Security Act, requires colleges and universities across the United States to disclose information about crime on and around their campuses.

Definitions
Sexual assault may include any involuntary sexual act with which a person is threatened, coerced, or forced to engage in against his or her will or while temporarily or permanently incapacitated. Sexual assault may be committed by a stranger or by a person known by the victim.

Acts defined as sexual assault include rape, date rape, acquaintance rape, and gang rape, but may also include sexual touching of another person against his or her will or without consent, and forcing an unwilling person to touch another person sexually.

Sexual assault occurs when such acts are committed either by force, threat, or intimidation, or through the use of the victim’s mental or physical helplessness, of which the assailant was aware or should have been aware.

Identifying Drug Facilitated Sexual Assault
There has been an increase of drug related sexual assaults. Rohypnol and GHB are perhaps the most widely publicized. Due to the accessibility of these drugs and others, it is essential for those parties involved to consider a full range of drugs that have sedative or hypnotic effects and not to focus on detecting a single drug. Drugs used to facilitate rape generally produce an anesthesia like effect, rendering victims unconscious or unable to give concent. Depending on the type of drug administered, the victim of a drug-facilitated sexual assault may exhibit signs of memory loss, dizziness, confusion, drowsiness, or a variety of other symptoms. The victim may be unable to provide a complete account of the assault or of the events surrounding it. Due to the memory loss, there might be a delay in the reporting of the sexual assault. UNCP should view such delays as a natural consequence of the crime and do not allow reporting delays to discourage comprehensive and creative responses, including investigation. Even though it may be impossible to detect the drug used to facilitate the rape, it may still be possible to prosecute successfully-especially if investigators identify additional victims of the same rapist.

There needs to be immediate arrangements made for drug testing. Call either the campus police and/or Southeastern Regional Medical Center to make arrangements for testing.

Responsibility to Report
Any student, faculty member, staff member, administrator, or visitor to the campus who has experienced, witnessed, or has knowledge of a sexual assault may report the assault immediately to the University of North Carolina at Pembroke Campus Police. If the assault occurred outside the jurisdiction of the University Police, they will assist in reporting it to the proper authorities.

Sexual assault may also be reported to the Pembroke Police Department, if it occurred within the city limits, or to the police of another municipality if the assault occurred within another township or city that has a police force. It may be reported to the Robeson County Sheriff’s Department if it occurred outside city limits but within the county. Sexual assault may also be reported to the Robeson County Rape Crisis Center.

Preserving Evidence
It is important that evidence of sexual assault be preserved, because it may be needed for prosecuting the criminal case. Victims and others should not alter the scene of attack. The victim should not change clothes, bathe, shower, douche, drink or eat anything if possible, or brush her/his teeth before reporting the assault. Any items worn by the victim during the assault but are not currently being worn, and any materials encountered during the assault (i.e. bed sheets, blankets, etc.) should be placed in a brown paper bag and brought along with the victim to a local hospital emergency department that has kits to collect and preserve evidence of rape and sexual assault.

Availability of Counseling and Advocacy
Counseling and other mental health services for victims of sexual assault are available on campus and in the community. Students may use the Counseling Center at the University of North Carolina at Pembroke. Employees of the University may seek a one-time consultation for referral from the Counseling Center. Community mental health agencies, such as Family Alternatives, and counselors and psychotherapists in private practice in the area can provide individual and group therapy.

Robeson County Rape Crisis may assist with making referrals for individual counseling and support groups. Rape Crisis may also assist victims with identifying non-counseling campus and community resources that may be of additional help and serve as a victim advocate upon request.

Education and Awareness Programs
The University Health Center and The Counseling and Testing Center are responsible for planning and coordinating campus education and awareness programs about all forms of sexual assault, including rape, acquaintance rape, and other sex offenses. Programs are presented regularly throughout the academic year in residence halls, academic classes, and for other student organizations and settings that are likely to reach people throughout the campus community. Campus-wide education and awareness activities are also conducted during Sexual Assault Prevention and Awareness Week.

University Judicial System and Code of Conduct
When appropriate and regardless of whether the accused is criminally prosecuted, the University of North Carolina at Pembroke Police Department or any member of the University community may refer allegations of sexual assault to the University hearing and appeals system. This system provides a just and equitable process for dealing with alleged infractions by students of University rules, regulations, or laws. The system is informal and is intended to educate students, to help them make responsible decisions, and to be accountable for their actions.

A UNCP student who has been victimized by sexual assault may seek redress through the campus judicial system if the accused is also an enrolled student at The University of North Carolina at Pembroke. Such redress may be in conjunction with or in place of pressing charges in the court system. In order to charge a student for sexual assault within the University hearing and appeal system, the victim should report the offense to the Vice Chancellor for Student Affairs or his/her designee. Once the report is made, an investigation will be initiated by the Vice Chancellor for Student Affairs. The Campus Judicial Board (CJB) will be convened in cases where the accused denies the charges. The victim will be required to appear before the CJB and testify against the alleged assailant. Both students, the alleged assailant and the alleged victim, may have a non-participating friend/advisor from the campus community present with them throughout the hearing process and may present witnesses on their behalf. If a student is charged with conduct that may subject him or her to criminal prosecution, that student may have as his or her advisor an attorney who may be present, but cannot actively participate in any hearing or appeal except to consult with his or her client. Immediate suspension of the accused student will occur if the Vice Chancellor for Student Affairs concludes that the person’s continued presence at the University would constitute a clear and present danger to the health or welfare of other members of the University community. When such a suspension is imposed, a hearing of the charges against the suspended person shall be held as expeditiously as possible.

The penalty for a student found guilty of sexual assault will at minimum be conditional probation, with the maximum penalty being suspension or expulsion from the institution. In the most severe cases involving forced rape and/or physical injury involving a weapon, the penalty will be expulsion. The severity of the offense and the potential for subsequent harm to the victim/survivor or the community at large weigh heavily in the determination of what sanctions are imposed in such cases. The victim’s identity and all information concerning the offense are held in strict confidence by hearing authorities under the guidelines of FERPA. However, the university cannot guarantee confidentiality. Both the accuser and the person accused shall be informed in writing of the outcome of any campus judicial proceeding or grievance procedure in which sexual assault is alleged.

Training for Campus Judicial Board (CJB)
All members of the CJB should receive specific training about sexual assault prior to hearing sexual assault cases. Training should include, but not limited to: review of student code of conduct; review of legal definitions of sexual assault crimes; information refuting myths about sexual assault; training on issues of consent and coercion; information about judging credibility; including that a victim’s use of alcohol does not mean that s/he is lying about the assault; and information about appropriate sanctions such as expulsion. The training can be provided either from internal or external sources. Training should happen on an annual basis.

Accommodation/Change Options
Victims of sexual assault may receive assistance in making reasonable changes in their work, academic, or living situations. Students may request assistance in changing their living situations from the Student Housing Department. A room change will be approved if alternative space exists. The student may also request a lock change if the assailant had knowledge or previous access. The victim may also file a request form in the Registrar’s Office to remove his/her directory information from public access.

A victim of a sexual assault may also request the Associate Vice Chancellor for Academic Affairs to change his/her class schedule to avoid contact with the accused. Such requests will be honored when multiple sections of classes are available. Staff may request assistance in changing their work situations from their supervisors, work-study, graduate assistantship office, or Human Resources. Requests for such changes will be considered on the basis of their appropriateness and whether the requested change is reasonably available. Every effort will be made by the University to make the victim feel cared for and safe.

Rights of Alleged Assailants
Any student enrolled at UNCP who is accused of sexual assault, will be afforded full procedural due process in the investigation and adjudication of his/her case. This shall include the right to the presumption of innocence until proven guilty and the privilege against self-incrimination.

Residential Staff
Campus residential staff, such as resident assistants, hall directors, and resident administrators are often the first to come in contact with a victim of sexual assault. Therefore, it is important that all staff members receive training on how to respond to sexual assault victims. Training should include, but not limited to: review of student code of conduct; review of legal definitions of sexual assault crimes; information refuting myths about sexual assault; training on issues of consent and coercion; information about juding credibility; including that a victim’s use of alcohol does not mean that s/he is lying about the assault; and information about appropriate sanctions resulting from a sexual perpetrator. Training should also include on-campus and off-campus resources and referrals; and information about maintaining confidentiality and appropriate reporting requirements. These trainings can be provided either from internal or external sources. Training should happen on an annual basis. It should be made clear to all residential staff how reports will be made. Victims’ confidentiality should be respected at all times with no information that identifies the victim being reported with his/her consent. Residential assistants have the responsibility to ensure safety whenever possible in the resident halls. Part of that responsibility is providing supports and information to our students. While it is not a mandate that our students use these supports, RAs must be skilled in providing such information or referrals whenever appropriate. RAs are required to report sexual assaults as per the Campus Security Act of 1998. All reports should be made to the resident administrator who then reports to the associate director of resident life who will notify campus police.

Student Health Services
At this time UNCP’s Health Center does not have Sexual Assault Nurse Examiners (SANEs) on staff. If a student comes into the Health Center who has been sexually assaulted, the nurse on duty will assess the situation and refer to Southeaster Regional Medical Center for a full rape evaluation as needed. Follow-up services may be provided through student health services if necessary.

Sexual Harassment
Sexual harassment is any unwelcome physical or verbal conduct of a sexual nature which interferes with another’s ability to receive an education or work. Harassment on the basis of sex is a violation of Section 703 of Title VII of the Civil Rights Act of 1964 (amended in 1972). It is further interpreted to be a form of sex discrimination prohibited by North Carolina General Statute 126-16 and Title IX of the Education Amendments of 1972. Title VII is enforced by the U.S. Equal Employment Commission, and Title IX is enforced by the Office for Civil Rights in the U.S. Department of Education. Consequently, The University of North Carolina at Pembroke will not tolerate sexual harassment of its students, faculty, or employees. Sexual harassment at UNCP will be grounds for disciplinary action, up to and including termination of employment or student status.

The following actions may be considered sexually harassing behavior: 1) unwanted sexual advances, propositions, or questions; 2) unwelcome touching of a person’s body or clothing; 3) public displays of sexually demeaning objects, photographs, posters, or cartoons in a mannerthat is intended to interfere with work or education; 4) implied or overt threats, or punitive actionas the result of rejection of sexual advances or rejection of romantic involvement; and 5)
sexual assault.

Victims of sexual harassment should either contact Campus Police or present the information in writing to the Vice Chancellor for Student Affairs. Complaints against UNCP students will be governed by the procedures stated in the Student Judicial Process, STUDENT HANDBOOK, Article IV, Section C. Student Complaints against UNCP faculty or staff will be governed by the procedures stated in the Student Grievance Policy. Members of the University community are prohibited from acts of reprisal against individuals who bring complaints or are involved as witnesses in any action connected with this policy.

A sexual harassment brochure is available in the Student Affairs Office; this brochure explains what to do if sexual harassment is experienced.

Student Grievance Policy
I. Purpose
The objectives of this Grievance Process for Students are to ensure that students have the opportunity to present a grievance to the University regarding a certain action or inaction by a member of the University community and to ensure that the University has a consistent process of resolving those grievances in a fair and just manner.

A student may pursue a grievance if he or she believes that a University employee (including faculty, staff, student employees and agents—hereafter, referred to only as the Employee) has violated his or her rights. This Grievance Process for Students applies to all problems arising in interactions between a student and a member of the University community that are not governed by other specific grievance proceedings. (e.g. Undergraduate Grade Appeal Process, available online at www.uncp.edu/sa/handbook/13sga.pdf on page 67). Upon request from any student, the Judicial Affairs Officer will provide guidance about the appropriate process for redress of a particular complaint.

A grievance which is found to be intentionally dishonest or willfully disregards the truth is a violation of the UNCP Student Code of Conduct, item # 2, Furnishing false information to the University with intent to deceive. Students violating this code will be subject to disciplinary action. Any retaliation directed to the complainant as a result of the filing of a grievance is against state and federal laws and UNCP Policy.

What May Be Grieved:
An action or decision may be grieved only if it involves a violation of University policy or public law. Grievances may not be used to challenge policies or procedures of general applicability. In addition, this process may not be used to grieve:

1. Claims based on purchases or contracts;
2. Claims against an employee on matters that are unrelated to the employee’s job or role at the University;
3. Decisions covered by other University policies (e.g. Residency appeals)

II. Informal Resolution
The informal resolution process is designed to reach an understanding of the situation and to resolve the differences in an informal and cooperative manner.

Step 1
The student with a grievance with a member of the University community is encouraged to first attempt to resolve the matter by meeting with the Employee. The purpose of the meeting is to reach a mutual understanding of the student’s situation and the Employee’s actions. The student has seven calendar days from the incident or the date the student should have known about the incident to initiate this discussion.

Step 2
If the consultation with the Employee is not satisfactory, or if it is impractical to consult with the Employee, the student should seek the assistance of the Employee’s immediate supervisor within seven calendar days of the meeting with the Employee or within fourteen calendar days of the incident. The purpose of this interaction is for the immediate supervisor to attempt to work with both parties to reach a resolution to the conflict.

III. Formal Resolution
Step 3
If an informal resolution is not successful, the student may file a formal grievance by sending a request for a hearing by a fact finding panel along with the following information to the appropriate Vice Chancellor with supervisory authority over the person(s) named in the grievance as causing harm to grievant. The student must file this within fourteen calendar days of the meeting with the immediate supervisor.

All complaints must be in writing and signed by the student. The grievance must contain:

1. A clear and precise statement of the complaint.
2. State how the decision or action is unfair and harmful to the student and list the University policies or state and federal laws that have been violated, if known;
3. Name the respondent parties (the person(s) against whom the grievance is filed);
4. State how each respondent is responsible for the action or decision;
5. State the requested remedy; and
6. State whether a non-participating observer will be brought to the hearing.
7. Sign Grievance Statement of Authenticity Form.

If it is clear on the face of the written grievance, the complaint has not been filed according to this process (such as, but not limited to, timeframe, matter is not grievable under this process, the complaint is frivolous in the Vice Chancellor’s judgment, or is from a person without grievance rights under this process) the Vice Chancellor shall so indicate in a letter to the grievant that the complaint is dismissed.

Otherwise, within fourteen calendar days the Vice Chancellor, or a designee (hereafter referred to as the Administrator), shall refer the grievance to the chair of the Student Grievance Committee, from which a fact-finding panel will be appointed. The Vice Chancellor will inform the employee in writing that a grievance has been received and refer the matter to the Student Grievance Committee.

The members of the Student Grievance Committee must be approved by the Chancellor and serve at the pleasure of the Chancellor. The composition of the Student Grievance Committee shall be made up of three faculty members (nominated by the Faculty Senate) three staff members (nominated by the Staff Council) and four upper classmen and/or graduate student members (two SGA representatives and two nominated by SGA).

For the purpose of each grievance, the chair of the Committee will select four members of the Committee to serve with him/her as the fact-finding panel. A decision of the panel will be considered a decision of the Committee. In addition to the chair of the Committee, each fact-finding panel shall include two students, one faculty member and one staff member. The faculty and staff member cannot be part of the same office or immediate administrative unit as the Employee. Panel members should have no personal interest in the outcome of the process, and should not have any personal involvement in earlier stages of the matter. The chair may designate another member of the Committee to serve as the fifth member of the Panel when the chair is unavailable due to emergencies.

The Panel members, parties and all persons involved in the grievance process are expected to maintain strict confidentiality regarding the grievance and all stages of this process. State and federal laws govern the privacy rights of students and employees. Any questions about the disclosure of information should be directed to the panel in writing, and the panel may consult with the Office of Legal Affairs. Once a formal resolution has been requested, there should be no ex parte communication between the parties and panel members concerning the merits of the case.

Step 4
The fact-finding Panel must convene within fourteen calendar days of being appointed. The chair of the Committee shall convene the panel and provide them with the written complaint and all supporting documents provided by either party. The Chair of the Committee will be responsible for facilitating the work of the Panel and to proceed in a timely manner.

The Panel shall notify the parties of a hearing date, time and place at least fourteen calendar days in advance of the hearing. During a hearing, the grievant and the accused shall have the following rights:

1. The right to have a non-participating observer present;
2. The right to present the testimony of witnesses and other evidence, relevant to the grievance;
3. The right to confront and cross-examine witnesses; and
4. The right to examine all submitted documents and other evidence.

A legal counsel may not participate in the proceedings unless the law or policy at issue provides for a broader right to counsel. The hearing must be tape recorded so that all persons can be heard clearly.

IV. The Decision
After hearing a student grievance, the Panel shall determine whether to recommend a finding that the preponderance of the evidence shows that the Employee has violated the law or policy at issue. When a majority of the Panel votes for a determination recommending a finding, the Panel shall provide a written report to the Vice Chancellor who received the complaint. The report should include a summary of the proceeding, recommendations, a copy of all correspondence with the parties, all evidence submitted to the panel, the recording or transcript of the hearing, and anything else considered by the panel in reaching its recommendation. A dissenting panel member may also file a minority report at this time.

The Vice Chancellor (or his/her designee) shall review the official report of the Panel and issue a written decision within fifteen calendar days of receiving the Panel’s report. In the decision, the Vice Chancellor (or his/her designee) may either adopt the Panel report and recommendations in whole, modify it in part, or reject the report and reach different findings or conclusions for reasons expressly stated. The decision should be sent to all parties and a signed and dated receipt received.

V. The Appeal
The student who filed the initial grievance may appeal the decision of the Administrator to the Chancellor within fifteen calendar days of receiving the written decision. For grievances against Vice Chancellors, the Chancellor (or his/her designee) will make decisions based on the Committee’s recommendation and that decision shall be final.

Updated: Tuesday, September 23, 2008

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